Terms and Conditions of Use
By accepting the conditions from
this Agreement, and even in case you do not read the conditions, you are still
obliged to comply with them. WMD Ltd. (hereinafter: WMD) provides Internet
services to legal and physical entities (hereinafter: the User).
WMD hereby obliges to provide a
chosen service package to the User in the best possible way. Characteristics of
the chosen service package are publicly accessible at wmd.hr and are considered
to be an integral part of the Agreement. At the User's demand, WMD can also
provide additional services from its offer to the User, with no need for an
Annex. All provisions from the Agreement shall be valid also for additionally
Pricelist of all services provided
by WMD is publicly accessible at www.wmd.hr and
is considered to be an integral part of the Agreement.
An invoice for provision of services
shall be sent by WMD to the User in advance.
The User hereby obliges to settle
the invoice within maturity date.
In case the invoice proves not to be
settled within maturity date, WMD shall notify the User in addition. If the
invoice proves not to be settled after additional notifications, WMD shall
temporarily suspend provision of its services until the invoice is settled. If
the invoice proves not to be settled even then, WMD has the right to cancel the
provision of services immediately and with no additional notice.
In case of concluding a distance
agreement, Customer Protection Act shall be applied (National Gazette,
79/2007), Chapter VII – Distance agreement from Article 36 to Article 55.
With a purpose of concluding and
executing the Agreement, WMD shall collect the following User's data: company
name (only for legal entities), personal identification number (Croat. OIB),
first and last name, postal address, postcode, city, country, telephone number,
and e-mail address. The User agrees to provide its data only with the mentioned
purpose, it shall provide the data voluntarily and guarantee the data are
correct, complete and up to date. Refusal to provide the data shall result in
an inability to conclude and execute the Agreement.
WMD has the right to refuse a
service provision request:
a) if there is reasonable suspicion
that User's identity data or legal capacity data, data on lack of authorization
or lack of right to representation are incorrect or false,
b) if there is reasonable suspicion
that User intends to misuse the services, or to enable a third party to misuse the
c) in other cases defined by this
Service Provider has the right to
distribute informative messages to the User via e-mail or in writing, with
regard to its services and its partners' services as well as information
related to the use of services.
The User is obliged to notify the
Service Provider about any changes of its personal/contact data no later than 7
days upon the change occurs, via e-mail or in writing. Otherwise the delivery
shall be deemed duly carried out based on the existing data.
WMD obliges to provide its services
in a professional and best possible way.
WMD is allowed to supervise the
User's data at web servers or the access to User's data through network, for
purposes of providing technical support, antivirus and antispam scanning,
prevention of hacker attacks, creation of a safety copy, determining possible
Agreement violations, and other purposes necessary for Agreement execution.
WMD shall not guarantee safety to
data being transferred online. The User can use the service with data ciphering
for purposes of a safer data transfer. With regard to taken protection
measures, WMD shall not give any warranty, express or implied, to the User, that
the possibility of problem occurrence has been completely removed as a result
of the measures taken.
The User hereby states that
applications shall be carried out exclusively in writing through user interface
of the User. If an application proves to be carried out in any other way, it
shall be deemed invalid.
At User's request, WMD shall
register or prolong the Internet domain under the User's name if the domain
happens to be available. This shall be done at an organization for Internet domains
registration, complying with the organization's regulations. When submitting a
request for registration or prolongation of any “hr” domain, the User states
that it is familiar with the provisions of valid Ordinance on
Organisation and Management of National Internet Top-level Domain (NN
38/2010), and that it completely accepts it.
When submitting a request for
registration or prolongation of any “.biz.hr” domain, the User
expresses its consent to the following rules. By accepting these terms, the User confirms that he is familiar with and accepts the rules of the registry for a particular top-level domain and undertakes to be in full compliance with them.
The User understands that placing an order for domain registration, renewal or transfer of a domain does not guarantee that the Provider will be able to perform the procedure.
The User agrees that when the order can only be partially fulfilled, the Agreement is concluded only for successfully performed Services (eg of 8 domain registrations ordered,
only 4 have been successfully registered it is considered that the contract has been concluded for four successfully registered domains).
If the ordered domains ordered and paid for by the User are in the meantime occupied by a third party, the Provider will notify the User and offer to select or register another free domain or refund the amount paid for domains that cannot be registered.
The provider does not bear any responsibility if the paid domain is in the meantime occupied by a third party in the period between the order and the payment,
and in the case of errors with the API connection to domain registers that check whether the ordered domain is free.
The domain name cannot be changed after payment and registration.
The user can request a refund for .hr and com.hr domains within 14 days of registration, transfer or domain extension.
The User must contact the Provider in time so that the Provider can process the refund in a timely manner and before the expiration of the deadlines listed above.
For other domains in the offer, the Provider does not refund the paid funds.:
a) the User has the exclusive right
to use the registered domain, to organize it and to shape and control its
content, which the User is responsible for,
b) the User is obliged to use the
domain only for the purpose the domain was registered for and in a way that is
ordinary for world's Internet communities,
c) the User is responsible for any
misuse of the domain,
d) in case the User's registration
of the domain name violated or encouraged violation of copyrights and similar
rights, patents and trademarks, the domain shall be deleted with no prior
notice or compensation for the User,
e) the domain name must not enable
false identification for the User or third parties identity theft, it must not
be the same as the copyrighted name or trademark, the use of which the User has
no right to,
f) the User is obliged to regularly
notify WMD about any changes of data relevant for the registered domain,
especially about changes of its legal status, address or other data,
g) the User has no right to transfer
the registered domain to another entity,
h) the User must not let the domain
be used by another entity, with or without compensation,
i) fee for domain registration and
use shall be paid as defined by Service Provider’s pricelist,
j) all notices related to
registration, transfer, prolongation, deletion, suspension or paying the domain
shall be sent by WMD 30 days before the expiry date to User's e-mail address
entered during domain order,
k) the domain shall not be
registered until the User who pays the fee settles the bill for its
l) the User is allowed to cancel or shut
down the domain at any moment,
m) if the User of the registered
domain stops using the domain before the ending of the period for which the fee
had been paid, the fee shall not be refunded.
At User's demand, WMD shall register
or prolong SSL Certificate under the User's name at an organization for SSL
Certificate registration, complying with the provisions of the organization.
WMD has the right to change
characteristics of services, prices of services, and conditions of provision of
services, under the condition that it notifies the User at least 14 days in
advance. In case the change happens to be unacceptable for the User, it has the
right to terminate the Agreement, with no termination period, until the day the
Agreement comes into force. In case the User terminates the Agreement, WMD
shall return to the User any amount received for the period after the changes
came into force. The announced changes shall come into force on the intended
day, with no need for an Annex.
If any party to this Agreement
violates any of the Agreement's provisions, and after receiving the notice on
violation from the other party it refuses to accept an Agreement provision
within 3 days, the Agreement can be terminated immediately and with no
additional notice. In case the Agreement is terminated due to Agreement
violation by WMD, WMD shall return to the User any amount received for the
period after termination of the Agreement.
WMD shall not be deemed responsible
to the User for any damage in case of:
a) a defect of a hardware or
b) maintenance work on a hardware or
c) a hacker attack on a hardware or
d) User's mistake, or User's
violation of the Agreement,
e) a problem at WMD's service
f) a problem outside WMD's
g) vis maior.
Maintenance of a hardware or
software component shall be carried out from 23:00 to 07:00 according to
Croatian time, with the exception of extraordinary situations for which there
is a justifiable reason.
In case of a planned shutdown of a
hardware or software component longer than 15 minutes, WMD shall notify the
User at least 3 days in advance.
A shutdown within Service Provider's
availability caused by the following shall not be counted during availability
a) maintenance work on a hardware or
b) a hacker attack on a hardware or
c) User's mistake, or User's
violation of the Agreement,
d) a problem at service supplier of
f) a problem outside Service
for the User
The User obliges to
take relevant technical, personnel and organizational measures of protection
from unauthorized revealing and use of access data, such as username and
password, provided by WMD.
The User obliges to
make available all electronic documents, which are stored on server and which
can be downloaded, for downloading via web sites, and make them directly
connected with the general web site content.
The User agrees that WMD has the
right to temporarily limit or suspend access to services if it proves that
the User used them for the following purposes.
The User agrees not to use the
services in order to:
a) violate or encourage violation of
copyrights and similar rights, patents, trademarks,
b) distribute or encourage
distribution of illegal copies of software, a software that can cause damage,
illegal pornographic content, unwanted e-mail messages,
c) distribute or try to distribute
threatening, violent, discriminating, racist, defamatory, abusive content,
d) connect to IRC or P2P services,
e) examine system vulnerability, override
safety measures, falsify proofs of data traffic authenticity, supervise, change
or delete data, or overload computer or networking system, with no express
permission from the data owner and computer or networking system,
f) cause damages or try to cause
damages to WMD or a third party,
g) commit or try to commit a
The User has the right to submit a
written complaint at the company's salespoint, in writing or via e-mail. WMD
obliges to reply urgently or no later than 15 days upon receiving the
Period of Agreement
The Agreement has been concluded for
an indefinite time period and comes into force with User's registration on WMD
Any of the parties to the Agreement
can terminate the Agreement by sending a written notice (e-mail, telefax, letter) to another party to the Agreement, under the
condition that this is done at least 7 days in advance. In case WMD terminates
the Agreement, WMD shall return to the User any amount received for the period
after termination of the Agreement.
In case that less than 30 days have
passed since the Agreement came into force, the parties to the Agreement can
terminate the Agreement with no termination period. If the User did not violate
the Agreement, it shall have the right to a refund of the paid amount minus
possible cost of Internet domain registration, SSL Certificate, or overdrafts
per prepayment resource spending.
Relevant provisions of the Republic
of Croatia shall apply to relations between the parties to the Agreement not defined
in the Agreement.
The parties to the Agreement shall
try to resolve and agree over possible disputes with regard to the Agreement,
otherwise The Court of Bjelovar shall be responsible for the dispute
This Agreement is an overall
agreement between the parties to the Agreement. All statements, credentials,
promises and conditions not highlighted in the Agreement shall not be deemed to
deny, change or influence provisions of the Agreement.
The Agreement replaces all existing
oral, electronic, or written deals between the parties to the Agreement.
The User confirms that before
accepting the Agreement WMD provided it with all useful information related to
the services WMD provides.
The parties to the Agreement confirm
that before accepting the Agreement they understood the Agreement completely
and that each provision is legible and clear.
The privacy of our users is our priority
and we do everything in order to preserve the confidentiality of your data. We protect
the data of our users in accordance with the Personal Data Protection Act. The information
that users enter online when ordering is stored in our customer base and we only use it
for purposes defined by this Agreement. We do not share or sell this information to third parties.
Users grant their consent to process their personal data for the purposes stated in the Agreement
by written or verbal order of our products and services. All data entered on our site is protected against abuse.
Our website and user area use SSL encryption technology to protect user information. Our users at
any time have the right, through user pages, to access and gain insight into their data and the
right to correct and change personal data in case of incomplete or inaccurate data, the right
to information on personal data processing, the right to data transfer, the right to complain,
the right to withdraw consent (consent withdrawal will result in an inability to conclude and execute the Agreement), the right to be deleted in cases
such as cessation of processing, withdrawal of consent or in the case of filing a complaint.
We retain personal information as long as necessary to perform the services we provide, for
archival purposes and in accordance with legal requirements and tax and accounting policies.